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  1. #1

    Default Getting My Name Mentioned in a Patent

    I joined a small company in March 2007, 50 employees, in telecom/video conferencing domain. They had a product and idea. I was initially involved in enhancement requests on software witch used in the product. Through the process I understood the major issues and got opportunity to redesign it. I derived and implemented an Artificial Intelligence algorithm and technique which eliminated all issues and can perform a complex logic which needs human intervention otherwise, automatically.

    They told me that they will file for a patent on that. They hired a lawyer. I implemented it, proved that it works using tools, I provided detail documentation also. I and the lawyer had regular meetings, he needed to understand the details, and I provided it with all good faith. He showed the patent filing document to me, I validated it. The manager asked for my signature on a document, which mentions my name as a co-inventor and that I did all this under my job assignment. Which was OK, I accepted it and signed the document.

    After a month or two, my manager started behaving with me very roughly, I protested and he fired me on the charge of insubordination. No other person from the company and upper management have even bothered to listen to me once, they send me a letter telling my job has been terminated. This happened in November 2008. They just gave me 1 month extra salary.

    I had to struggle to get a new Job, and found one in January, 2009. Now searching the patent database, I found they actually filed a patent. I have the application number, same lawyer, but my name is no where. Only the top managers name are their. The Patent document contains my formula, details about automated AI process/algorithm which I developed, implemented and documented.

    I do not claim any rights on the patent.I don’t know if any law is violated by anyone. But I feel what happened is definitely unethical. I just wanted my name to be mentioned in the patent so that I can put it in my resume. That’s all.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Getting My Name Mentioned in a Patent

    In most states, intellectual property you develop at work belongs to your employer. In the rest, employers typically require that you sign a contract conveying them all rights to intellectual property you develop at work.

    What state are you in, and what contracts did you sign?

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Getting My Name Mentioned in a Patent

    First, it was a work for hire, you have no rights in it.

    Intellectual property law is created at the federal level. Any such law at the state level is modeled on the federal law. There is no "most states." ALL States will say it was a work for hire.

    Secondly, it can be debated whether it is even worthwhile to try to patent software. In many cases there is no point even if it is legally possible.

    If the software is part of a larger software package that is marketed, it is only of value to the company selling the software. If it is something much bigger that could be licensed out, it might be worth patenting. In any case, you don't get any of the revenue.

    In a matter of days or weeks the U.S. Supreme Court is likely to strike down all business method patents which will also seriously weaken software patents, assuming the court does not rule on those as well.

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